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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (March 20, 1913)
MrrcnFonT) ircn: irtmum, otdfohr otceoon. tiumihday. mahpit 20, loin.
SI SBiMMNBSSA H MtfHl
Mil IJ . IJ U."'1
What About Irrigation?
Some Important Questions Answered Relative to the Project
Pending Before the People
IT SEEMS THAT ALTHOUGH THE CONTRACT OP THE ROGUE RIVER VALLEY CANAL CO. HAS BEEN PUBLISHED SEVERAL TIMES THROUGH THE PAPERS OF
MEDFORD AND CONTRACTS HAVE BEEN GIVEN TO A NUMBER OF THE LAND OWNERS BY OUR SOLICITORS AND A GREAT AMOUNT OF TIME HAS BEEN SPINT IN
EXPLAINING IT TO PEOPLE WHO ARE INTERESTED IN IT, YET WE FIND THAT COMPARATIVELY FEW SEEM TO UNDERSTAND IT THOROUGHLY. FOR THEIR SPE
CIAL BENEFIT WE ARE AGAIN PUBLISHING THE CONTRACT AND A LIST OF THE QUESTIONS AND ANSWERS IN CONNECTION WITH THE MEETING HELD ON FEB
RUARY 22 LAST FOR THE PURPOSE OF EXPLAINING THE CONTRACT FULLY. WE ASK EVERYONE INTERESTED IN THE WELFARE OF THIS VALLEY TO GIVE
THIS CAREFUL CONSIDERATION FOR IT IS OF MORE IMPORTANCE TO THE PEOPLE OF THIS COUNTRY THAN ANY OTHER THING AT THIS TDK. READ IT CAREFULLY.
Mr. Noff then rend tint contract which In to hit hold In ercrow, a copy of
which will hit fnuiiil below. Tim following tin Minim wirit iinkeili
Q. Where In that wMer to ho taken? ,
A. At tint liilnkn 011 each subdlvlMoii.
q. What length of tlmii In tin- Irrigation period?
A. Wo will count o thnt Inter In a Mibneqimnt parmtrnph.
Q, HuppoNf n man tnken water on 10 acre or 20 acres, linn hu tlio right to
iitit Hut water up to IK luetic?
A. Wit deliver tliu wntcr to him, to IrrlitiUit lliu wholo plcco to tint depth
of S Indie.
Q Hiippom n itimi hnd 20 ncres- to ncrc In pear or wheat, nml 10 nrre
In nlfnlfn, unit wnnlcit morn thiui IK Inohe on hi alfalfa nml le than IK Incite
on the penr couhl he um It thin wny?
A. Ilo could it mi tliu water In mich .purportlon on tliu whole tract as hn
Q, Now nuppONn It wns not required on (hat plere of land thnt I contracted
for, could I run punt tliu Unit nod ue on another piece?
A. No. The water must hit iim-d on the land lgued up. It can he unci! In
inch porpnrtlnti you nee fit. It U necewnty to do thin heraune' the cont of
thin system In nun mlllllon unit u half dollar.--thnt In the best estlmnte. tliut uu
Imva been aide to net, mid tint only thliiK that we. nre fearful of In that the cu
mmin In too low. Tim water becomes appurtenant to tlm land under the law of
Oregen: when u man omnia water YIkIiI, he omiin It nppurteiiant to n particu
lar piece of laud.
(). What In the policy of the company In rano of a had cropwould It Im a
policy of leniency?
A. Absolutely, An Inr an HiIh company 1 concerned. It I not here to get
vour Innd doe not want II. mid there In no iiiiNtlou In the world hut thnt the.
company would ho In a position to and would he lenient In reward to Install
ment falling due; a to the maintenance charge, that Is something that the.
rompany han to pay out each yor. and would have to he puld. In cairn of a Ken
em! crop failure or condition thnt madn It u ImriUhlp, It would undoubtedly
he lint policy of the company to deal leniently.
Q. What will he tint date of the payment of the maintenance charge?
A. The ICth day of October of earn ear We advance tlm coNt of main
taining thl nMem durliiK the year and you act your crops off tint laud and
hai an opportunity to sell them, then )ou pay $2.50 for that )ear.
Q. How would It bn for tho water user to form an association called tho
Water Uaera Anim elation, and at thin time you apeak of, When thn mainte
nance U due. appoint n committee, to meet with the officer of the company at
that office, ami net tlm expense, of the uctul inalutnauce, and lilNtead of n flat
rate of $2.50 per ear each ear. inakn thn amount Junl whntver It might be; If
It ahnuld hn JC an acre pay that: nhould It run to 00 cent an ncre, make it
that, and I hould like to nee thin question put on thb actual com of maintenance,
1 think thnt U odd of the principal objections In the way. I feel that It will bo
Decenary to make a graduated Hcale,
A. In thU connection, the price of I2.C0 hn been arrived at after carefully
entlmatliiR the probable com of mulntalnlni; thl ytein, and no far a tbo com
pany U concerned, It I their opinion that they could not afy agree to do It
lor any leaa money. I'or the firm row year that thl aytcm I In operation It
muxt he apparent to everyone that n new wutcr uiera enter Into the contract to
lakn water, that new lateral will have to bo comtructed, from the main canals
to tho laud; If ou ahould ttlxn up next year or year after next, your land tnlxhl
lay one-half or three-fourth of u tnllo from the canal. It wduld be neceiaary
to construct the lateral to your land. It would be almost Impocatblo to tep
arnto the cost of all of thl extctmlon work that must bo fiono through with;
thnrn will be a I no undoubtedly a great many defect that will develop In tbo
(anal and different part of thn work during tho firm few year condition
of noil perhap here I a place where tbo aoll I unuiually porou and It will
hn necessary to cement the nlden of the canal It I almom Imnotalble during
thn flrat few year, until we have tho bulk of thl land nlgned up and on
jour laud, to make an intelligent statement a to what nhould be charged to
construction, and what to maintenance. Tbo company ha no detlre and no
deposition to make a dollar out of thl maintenance propoiltlon. I am author
lied to nay that If you want to tako thta thing over when 46,000 acres have,
been hlgued, you ran have tho ytfiu, no fur a operation and maintenance Is
concerned, and )ou can form your own organization and you can charge
)ournelveH nrtunl com. You can tako It over and operate It yourM'lvca at actual
cohI. whenever 40.000 ncrea of thl land have been signed up. The part that
could be charged to maintenance will lie Very low only after the system has
been in operation a few yearn when all of the weak spots will have been found.
Now we will have to charge part to construction and part to maintenance, and
figure that 2.50 per acre Is small enough. In this system there are heavy
dam at Four Mllo4r'ke and Fish l.aku: a canal from Four Mile I-ako to Fish
I.aku cutting from tho other watershed and' bringing the water across from
Klamath to Jackson County, and this will be a very expensive proposition.
J um as soon u thin thing Is put on a permanent baals and we have sold U.,000
Keren, )ou can have It, and wo will sell our land as we can. As we sell a piece
of land the land owner come Into your corporation.
Q. in cane the water would bit brought on tb our tract, for Instance,
would It bo necennary, or would tho company bo willing to carry that water
along property lines and not acroc diagonally, across the tracts of land?
A- That In a matter thnt you ran take up with the company, and they -will
certainly he willing to rountruct lis nyntem with tho least possible Incouu-nlcnce
nnd Injury to your property.
Thl Agreement madn and entered Into thl day of
19 1... b)'and between tho ItOOUi: ItlVIJIt CANA1.
COMPANY, nn Oregon corporation, party of tho First Part and
Party of tho Second Part.
Tho Parly of tint Flmt Part, In consideration of tho covenant and agree
ment hereinafter contained, to be kept nnd performed by tho Party of tho
llerond Part, han bargained and sold and doe by tbeso presents bargain, sell
and convey unlo the said Party of thn Kecoud Part n perpetual right to partici
pate In thn use of tho wntcr flowing through IU Irrigation system to Irrlgatu
acre out of the tract of land described below to
thn extent of hut not to nxceei! one and nue-hnlf acre feet per aero for each
annual Irrigation season and doei hereby covenant and ngrce n follew:
(1.) Hint It hn nciiulred from tho Htale. of Oregon by enlargement Permit
No, 10. Permit No. 407 mid Reservoir Permit No. Ml, tlm water of Four Mile
l.nko In Klamath County. Oregon; of Fish l.akn In Jnckson County. Oregon,
with catchment canal connecting nald lakes, and tho water of l.ltlto Hutto
Crook, to a sufficient amount to Irrigate DC, too ncren to a depth of one and
one-half feet during each annual Irrigation season and that It will construct
and maintain n system of reservoir, canul. conduit, Interal and surface supply
pipe sufficient to conduct nnd will conduct, to thn land hereinafter described,
water for Irrigation thereof to the amount of nnd not to exceed one nnd one
haJf aero feet per acre for eath annual Irrigation season, measured at (he lutako
of each diversion from the Main Canal or Laterals,
(2,) Thnt nil canals and lateral will ho constructed of mich capacity Hint
water ran bn delivered either In continuous flow or In rutxtlon n will best
servo thn diversified Interests of nil users. '
That such water will bo delivered at such point within each legal oubdlvls
Ion of forty acres embraced within or wlthlu which I embraced tho land hero
nfler described n I most practicable nnd that when necessary It will Install
ami maintain suitable measuring devices for thn measuring or nald water.
(3.) That It will not at any time enter Into any contract or contracts with
other persons which will rcqulru a greater nmoiint of water than tho First Party
can supply to It liters, per ncro ua herein specified.
In consideration of tho promise, said Hccond Party does hereby accept tho
conveyance of snld Water lllnlits to tho extent of , ,
acre us aforesaid nnd does hereby ngrco im follews:
(1.) That ho will pay for said Water Klght at tho rate of fifty (C0.00)
Dollars for each and ovury ncrn thereof, (The namo being tho present uniform
chnrgo per ncro for a perpetual right to participate In the uo of nald water)
In tlm manner following, to-wlt;
Thn sum or , ( x ) Dollars
nt tho time First Party shall, under thn terms of this contract, bo ready ami
nblo to actually furnish and deliver Its water upon the promises herein described
for Irrigation In the manner and quantity herein provided.
Tho sum or principal nnd Interest ono year from said date.
The sum or principal and t Interest two years from kald dato.
Thn sum or principal and f Interest three yearn from nald date.
Tho sum of principal nnd f Interest four year from nuld duto.
Tho sum of principal and I Intorest five year from said date,
Tho sum of x principal and . ,,,, .Interest six years from said dato.
Tho sum or x principal and I. ,.., .lutcrcjil seven years front said dato.
Tliu sum or $ principal and $ Interest eight yesr from said dato.
Tho sum or principal ami s Intoroat nlno years from said dato.
AH (Inferred payments to boar interest nt tho rato of six por cojit per an
num, thn Inturest to begin when tho Initial payment becomes payable as afore
unlit. Any or all payments muy bo mndo beforo duo nnd Interest uliatod accord
ing)'. (2.) That thoy will pay to tho Party of tho First Part tho sum or $2.50
por aero por annum on or boforo tho lfith day or October of each and every year
as uu nununl malutonnnco churgo for tho delivery or nald water.
(3.) All or said Hums duo and pnynhln under this contract to bo paid at
tho offlco or tho Company In Medford, Oregon, and If not puld when due tho
samo to draw Interest nt tho rato or six per cent per unuuni paynblo soml
nunuully, (4.) That to Hcouro tho payment of all sumn agreed to bn paid by Second
Parly to tho Flmt Party hereunder nnd tho Interest thereon, the Hecond Party
hereby given uud grants to tho First Parly u Hen upon all of tho land herein
(B.) Thn Bocond Party doos furthor horoby glvo nnd grant to said First
Party tho necessary rights or wny ovop nnd through tliu lands herelnartor dc
scribed nnd tliu right or entry Ihnrnon, tor tho purposo of conducting, main
taining, repairing or enlarging Its ennuis, Intorahi and plpo lines.
(0.) That tho Flrut Party muy from tliuo to tlmo muko rensonnblo rulos
and regulations na It mny doom necessary for tho proper control and distribution
or itti wnturs, but bIiuII not doercnuo tho total quantity of wntor to bo delivered
or luoroauo tho charges under tills contract.
(7.) That he will use economy and good husbandry at all times In h
use or said water and that he will not allow any of said water to run to wasta
aud that any and all water In execs of that actually needed by the Second Party
shall bo permitted to remain In the canals and laterals or the First Party and
First Party shall have the right, nt Its option, to reclaim all waste water passing
from the lands herein described and to subject the same to Its control.
(S.) That In case or contingency causing damage to Second Party by
water from tho dlstrtubtlou sytum or source of supply or First Party. Immediate
notice thoreor shall bo given to Flmt Party as aooa as tho samo shall com to
the knowledge or Second Party and no action or set-off or counter claim shall
be maintained by Second Party for damage which said First Party could have
prevented if due, notice had been given. Buch notice shall be given by telephone,
mall or any other usual channel of conveyance,
(9.) Thnt he Is the owuer of the
title to tho properly hereinafter described.
In consideration of tho Mutual covenants and agreements herein contained,
tho pnrtles hereto do mutually agree as follows;
(I.) That the First Parly shall be responsible to Second Party for actual
damage committed to crop or Improvements In the Installing, enlarging or
repairing of any part or the distribution a) stem of First Party crossing any part
ot thn lauds hereinafter described.
(2.) Tho Irrigation season during which water Is agreed to bo furnished
hereunder Is fixed to begin not later than April 1st of each year and shall not
close prior to October l&th of each year.
(3.) That tho First Party shnll not bo responsible In any manner for a
deficiency or wntcr caused by scarcity or natural water supply, damago by flood
or rreotlng, hostile diversion or obmructlon, forcible entry, riot, legal restraint
or act of Clod, or In any case not controlled or attributable to the negligence or
First Party and if Tor any reason there should occur, nt any tlmo, a shortago
In tbo water supply, then the amount or water that U available Bhall be distrib
uted to tho lands entitled thereto on a pro-rata basis either in time or In quan
tity or both, and in such event the nnnuul maintenance charge for said years
shnll bo reduced In like proportion,
(A.) The Second Party may detcrmluo for himself (subject to tho terms
and conditions hereof, and said rules and regulation ot First Party) the quan
tity or wnter (within the total amount to which bo U entitled) which ho will
uso at any ono period n or during the irrigation ooason. except that Second
Party shall not be allowed at any ono time to uso moro than one-third or said
total amount, nor shall such one-third quantity bu used In any Irrigation season
moro frequently than at the expiration of a thirty day interval.
(S.) All water contracted for herein Bhall become and be appurtenant to
tho land hereafter described and shall ho used for Irrigation and domestic
purposes only nnd shall bo mensured nt tho point or diversion from tho canal
(0.) Tho land nnd premise affectod by this contract are situated. lying
nnd being In Jackson County, State or Oregon, and are moro particularly de
scribed as follows, to-wlt:
together with all and singular, tho tenements, hereditaments and appurtenances
thereunto belonging or appertaining, containing acres.
It Is mutually agreed between tho parties that in caso tho number ot acres
or wntor rights contracted tor hereunder la less than the acreage or land above
described, then nnd In that event tbo Second Party will, as soon as tho First
Party has constructed Its Main Canal and laterals for the Irrigation of said
lands, execute and deliver to Second Party u written declaration particularly
describing thnt portion of tho above described premises upon which ho desires
wator rights contracted horeunder to apply, which premises must bo under tho
canul oMho First Party, Such declaration shall bo executed and acknowledged
In tho satno form us deeds or other conveyances aud shall bo delivered to First
Party within ton dnys niter being notified that tho canals and laterals have
boon constructed as aforesaid. Such declaration shall be recorded In tho Iteed
Uorordu of Jackson County, Orogon, and when so recorded this contract shall
then apply only as to the laud described In said declaration.
(7,) When tho First Party shall have Issued Its contacts to supply water
to trrlgnto nil tho lands under its canals and laterals or so much thereof us Its
supply or watur Is adequate to permanently Irrigate In tho manner herein pro
vided nnd shull havo received payment tor 30,000 acres thereor or Its equivalent
then said First Party covenants aud agrees that It will, on demand, convey to
uny corporation, selected uud designated by a mnjorlty or tho owners owing
land so Irrigated, tho tttlo to snld Irrigation system Including tho wator rights,
reservoirs, canals and all other holdings of the First Party necessary in tho
storing and delivering of raid water to tho lands to bo irrigated but not tho
unpaid amounts to hecomo duo on tho outstanding contracts aud thereafter title
thereto shall bo vested In said corporation and subject to Its management and
control, Provldod, however, thut all the owners or lands no Irrigated from said
system, shnll ho given equal right to tho membership and privileges ot such
corporation In proportion to tho acreage of land so Irrigated and owned by them
and provided that ny such corporation mny, at any tlmo, become entitled to
said conveyance by purchasing from tho First Party tho remainder of Its unsold
water nt tho prlco per ncro herein named and In tho ovout ot such conveyance
to snld corporation, nil tho obligations nt Second Party to mako tho payments
or $2.50 nor ucro por annum ua a mnlntouaucu churgo, shnll Immediately ceaso
This contract shall bo binding upon tho oxcoutors, administrators, heirs,
assigns nud successor ot tbo parties executing It.
Q. Is It understood tho right of way In donated to the company?
A. Ye. You get tbo benefit of all rights of way above you, and yon
reciprocate by helping the man out below you.
Q. How wide Is that right or way?
A. It varies in different case. It Is always possible for you before going
into this thing for you to find out- It is a thing for each land owner to go Into
and learn beforo signing up.
Q. I tho survey permanently located?
A. There Is a survey made undoubtedly subject to changes, but In each
case you can make your arrangement with the company with respect to those
matters. Yo;i can look Into the matter and eel Information from the company.
Q. Snppotlng I find titer two or three or four year that I can't uu moro
than 3 inches of water, have I got to pay for the 18 Inches?
A. Yes, sir.
Q. 1 find tho water hinders ray ground?
A. Then you don't lake It. Herts is the proposition with reference to that
matter: Th total amount of land under the canals figured at ISO aa acre
will equal. If all of It were In uso. practically S5.000 acre. It you did use
but three inches, and everybody else in proportion, there would only be one
fourth enough to pay for the system. We are going to give yon 18 laches.
Sometimes crops require fully 18 Inches alfalfa for Instance. You are getting
Irrigation for ono acre ot land or whatever you need. When we bave sold
4S.000 acre then we will turn It over to you, whether we have received pay
for any of It or not.
Q. How many acrM will you have to have signed up?
A. Thirty thousand, acres. As I have said before, the cost ot this syitem
I 1 1,500,000. Thirty thousand acre at $50 an acre would make just
Q. When do we have to pay?
A. Pay any time you want to, on or before. Tbo expenditure of
11,500,000 will bo made in constructing the system according to plans and
specifications which will be approved by tbo water users committee, which wilt
be explained later.
Q. A man has "a lotof stock-can he use water" from these canals for
A. Yes. It is tor domestic and Irrigation purposes, which Includes the
watering ot all stock a man has.
Q. How do you measure tho water for stock?
A. You measure at the Intake. If you havo an aero under Irrigation
you would be entitled to enough wator to cover the land at 18 Inches. What
you uso this for docs not concern us.
WATER ESCROW AGREEMENT
The Contract yhereto attached Is hereby placed In escrow In the Med ford
National Hank of Medford, Oregon, to be held by said Dank subject to the fol
If within 18 months from January 1st, 1013, there shall have been placed
in said Dank a sufficient number ot contracts of similar tenor to this contract,
to Justify the Party of the First Part to eald contracts, In building and com
pleting Its entire system adequate to Irrigate 55,100 acres ot land In the Kogue
Klver Valley and said First Party shall within said tlmo notify said Medford
National Dank thereor. said Bank Bhall cause to be saallod through the United
Htateu Mall to the Second Party hereto and to each of the Second P&rttM to
each and every other contract, so placed In escrow In said Bank, a notice rising
tho time and place of meeting ot the Second Parties to said contracts addressed
to each said Second Parties at his Poet Office address as stated In said Con
tracts respectively or It no address be stated In said contracts then at Medford.
Oregon. Said notices shall be given not Ices than ten day before said meeting
and said meeting shall be held In some convenient place n the City of Medford.
At said meeting a committee of five shall be chosen from among the said
Second Parlies. Kach of tho Second Parties at said meeting shall be entitled
to a number of votes equal to the number ot acres ot land (or which he baa
contracted to purchase water as aforesaid. Such committee shall be'eboees by
a majority ot the acreage represented at said meeting and also br a majority la
number ot those present.
It shall be the duty and function ot said cemmittee:
FIK8T: To examine Into the responsibility and financial condition of the
First Party and to determine whether or not the First Party la ready and able
and has in hands or uvallable the necessary funds to actually .construct the eaUre
system and to carry out and perform all tho terms ot said contract-
SECOND: To examine the plans and specifications and details ot Ha pro
posed Irrigation system and to dotcrmine whether or not the same are adequate
and sufficient to furnish and supply water to 55,100 acres ot land under Its
canals and ditches In the manner provided by said contracts.
THIRD: To make such investigation as they may deem Bocesmry and to
dotermlue whether or not the First Party has available a sufficient supply of
water to Irrlgato all ot the lands to bo irrigated under all ot the contracts so la
escrow In said bank.
It Is understood and agreed that said committee ehalt be afforded, by the
Party ot tho First Part, all information and facilities ot every character In IU
possession that it may require in making said investigation and determination;
that It it deem It necessary it may call to Its assistance any expert in Water
Supply or Irrigation and that the First Party will pay the reasonable charge ot
said expert- It not being the Intention, however, that the time necessary to
make measurements ot the run off ot streams extent or water shed, size ot
reservoir basins, or other physical factors connected with said system shall be
taken, but that reports as to such matters furnished by the U. 8. Hydrographlo
Survey, tbo Water Board ot the State ot Oregon or other equally reliable
sources shall he taken at tho basis ot such Investigation and that not mora than
40 days ahall be consumed in making the same.
Upon concluding its Investigation and determination, the said committee
shall make a written report to said Bank, & report signed by four members
ot tho committee, to be deemed a report of the committee, and If said report
shall stato that said commltee is of tho opinion after such Investigation, that
First Party is ready, able and has on haud or available sufficient funds to
conntruct said system and that tho plana and specifications ot said system are
sufficient and suitable to provide a permanent and adequate system of irrigation
for 55,100 acres ot land under Its ditches and canals and that said First Party
owns or has available a supply ot water adequate to irrigate all ot tho lands
covorod by all the contracts in escrow in said Bank in the manner provided by
said coutracts, then said Bank Bhall upon receiving said report dollver all of said
contracts to First Party. But It said Committee or two or moro monibers
thereof shall statu In said report that from investigation they are not satisfied
as to all tho aforesaid matters, then upon receipt of said report said Bank shall
return each of said contracts to the Second Party named therein, who executed
the same and tho same shall be considered cancelled and surrendered and In all
respects null and void.
It is further understood that it said Bank shall not receive report from the
committee ef said Second Party for a period of 60 days after said meeting above
provided, said Bank shall upon demand dollver all ot the said contracts to the
Iu caso a sufficient number or contracts nro not socurod aa atoresaldi then
this contract shall be returned to Second Purty and tho sumo shall be null and
IN WITNESS WHEREOF, THE FIRST PAUTY has hereunto caused Its
name and corporate seal to be affixed and SECOND PARTY has hereunto set
his hand and seal thin day ot 191...
ROaUE RIVER VALLEY CANAL CO,,
Post Office Address ot Second Party,